SUBHASH DUDI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has preferred the instant criminal misc. petition under Sec. 482 of the Cr.P.C. being aggrieved by the order dtd. 14/2/2023 passed by the learned Additional Sessions Judge, Jodhpur District in Sessions Case No. 61/2019 (CIS No. 191/2018) whereby the application under Sec. 233 (3) of the Cr.P.C. was partly allowed and certain witnesses were summoned for defence.

(2.) The petitioner is an accused of a case and facing trial. After completion of the prosecution witnesses, an explanation was sought under Sec. 313 Cr.P.C. wherein he abjured from the allegations and claimed innocence. When it was asked whether he would lead evidence in defence; the answer was in affirmative. He moved an application for summoning of certain witnesses to bolster his defence. The said application though allowed but for production of two witnesses only. It is not reflecting that for what reason the prayer for other witnesses have been rejected.

(3.) Sec. 233 of the Cr.P.C. gives wide powers to the Trial Court to allow the accused to enter into defence. He may produce the witnesses in support of his defence or if the witnesses are not within his reach or it is shown that the witnesses are not coming upon his request but they are relevant for the just decision of the case; in that situation the Trial Court can issue process for summoning of those persons prayer for which is made on behalf of the defence.